Full text available at: www.wisbar.org
| Case Name | Date | Appeal Number | Issue and Summary |
|---|---|---|---|
| State v. Otis | Dec. 30, 1999 | 99-1978 | Blood Alcohol Test - D claimed that the information given to him by the arresting officer, in addition to that required by statute, "created some confusion" about the availability of an alternate test and therefore about whether to submit to the intoxilizer test that was requested. Held D's refusal to submit to a chemical test under §343.305, Stats., was not reasonable because the officer's statement regarding D's right to obtain a blood test at his own expense was not a misstatement of the law. |
| Eau Claire County v. Knuth | Dec. 30, 1999 | 99-1189-FT | Motion to Supress - Held D forfeited the right to appeal the denial of her suppression motion when she entered a guilty plea to the charge of first-offense OMVWI under the Eau Claire County traffic ordinance. |
| City of Appleton v. Drephal | Dec. 28, 1999 | 99-1714 | Venue of Violation - Held the city satisfied its burden as to venue in OMVWI arrest by proving that the violation occurred in the City of Appleton. Based on the plain language of § 345.31, Stats., this court concluded that, when a violation occurs in a municipality located in more than one county, the venue requirement is satisfied by proof the violation occurred in that municipality. |
| City of Nekoosa v. Melin | Dec. 23, 1999 | 99-1579 | Failure to Properly Inform - D did not established that "the failure to properly inform [him] affected his . ability to make the choice about chemical testing," which is the third necessary showing under Quelle, 198 Wis.2d at 280, 542 N.W.2d at 200. D had no prior alcohol-related offenses within the past ten years, and consequently, he was not "actually affected" by the arresting officer's misstatement of the time period for considering past offenses. |
| State v. Kloss | Dec. 22, 1999 | 99-0672 | Blood Alcohol Test - On appeal, D argues that he was "tricked" into refusing the blood test because he was not forewarned that the police would obtain a sample of his blood regardless of his refusal. However, D never asserted this ground as the basis of his constitutional challenge in his motion, in the evidence or in his argument. Held D's appellate issue waived because the court does not address issues that are raised for the first time on appeal. |
| County of Jefferson v. Renz, 1999 Wisc. LEXIS 343 | Dec 22, 1999 | 97-3512 | Probable Cause - Held the legislature did not intend to require an officer to have probable cause to arrest before requesting a PBT. The supreme court concluded that the context, history and purpose of the statute, section 343.303, all suggest that "probable cause to believe" refers to a quantum of proof greater than the reasonable suspicion necessary to justify an investigative stop, and greater than the "reason to believe" that is necessary to request a PBT from a commercial driver, but less than the level of proof required to establish probable cause for arrest. |
| State v. Scaro | Dec 15, 1999 | 99-1002-CR | Terry Stop - The observation of the vehicle weaving within its own lane of traffic as well as leaving the closed business's parking lot in an area of nighttime burglaries created a reasonable suspicion that the operator might be intoxicated or otherwise engaged in criminal activity. |
| State v. Loppnow | Dec 15, 1999 | 99-1268-CR | Informing the Accused - D's due process rights after OWI arrest were not violated as the Informing the Accused form used by the police when advising him under the implied consent law was not ambiguous and did fairly advise him of the length of Wisconsin's penalty enhancement counting period. |
| State v. Ehmke | Dec 15, 1999 | 99-1793-CR | Time of Operation - Although there is no direct evidence as to the time D operated his motor vehicle, given all the evidence presented, a reasonable jury could infer that the police officer encountered D shortly after he drove his car off the road and consequently find D guilty beyond a reasonable doubt of operating his vehicle while intoxicated. It was established D had driven his vehicle off the road, that he had been drinking, that he failed three out of four field sobriety tests and that a blood test revealed a blood alcohol concentration of 0.194 grams of alcohol per 100 milliliters of blood. |
| State v. Krueger | Dec 15, 1999 | 99-1855 | Inability to Submit to PBT - Held the question of whether D was able to comply with the request to provide a chemical test sample is a credibility determination. D did not meet his burden of showing by a preponderance of the evidence that he was physically unable to submit to a chemical test of his breath due to a claimed panic attack. |
| State v. Lesavage | Dec 9, 1999 | 99-1039-CR | Probable Cause to Administer PBT- There was probable cause to arrest for driving vehicle under the influence of alcohol because D's vehicle had rolled over, he smelled of intoxicants, his speech was slurred, and he was unable to recite the alphabet. Reconsidered & Confirmed 1/20/00 |
| County of Adams v. Cielsa | Dec 9, 1999 | 99-1154 | Entrapment - Considering the evidence in the light most favorable to D, there is no evidence to support the defense of entrapment because there is no evidence that a law enforcement officer induced D to drive under the influence of alcohol. |
| State v. Knutson | Dec 2, 1999 | 99-1304 | Implied Consent - D does not have standing to challenge the constitutionality of the implied consent law on grounds that it coerces consent to blood-alcohol testing. Not having been forced to consent, he has not suffered any "threatened or actual injury" by the "coercion" he claims exists in the law and renders it invalid. D cannot suffer injury in fact from a coerced consent to blood, breath or urine testing when he never consented, and never underwent any such testing. |
| State v. Petrauski | Nov 24, 1999 | 99-1513-CR | Reasonable Suspicion - Held officer's observations of the operation of D's truck support a sufficient, reasonable and articulable suspicion to stop the truck, leading to D's OWI arrest. Officer's suspicion was based on "specific, articulable facts" and "rational inferences from those facts." Terry, 392 U.S. at 21. |
| State v. Nelson | Nov 24, 1999 | 99-1372-CR | Terry Stop - Held officer had reasonable basis to conduct Terry stop which led to D's OWI arrest. D's car was parked in a vacant lot at 1:30a.m. directly across the street from a place where several prowler incidents had allegedly taken place, at least one of them resulting in violent conduct. |
| State v. Sherman | Nov 24, 1999 | 99-0840-CR | Lawful Search - Officer's search of vehicle after smelling burnt marijuana was lawful even though he did not arrest D until immediately afterward. A search may immediately precede a formal arrest "so long as the fruits of the search [are] not necessary to support probable cause to arrest." State v. Swanson, 164 Wis.2d 437, 450-51, 475 N.W.2d 148, 154 (1991). |
| State v. Smith | Nov 24, 1999 | 99-0760 | Implied Consent - The implied consent warnings provided to D fully complied with the implied consent law, even though they did not include the penalty information for an OWI conviction accompanied by the presence of a minor in the motor vehicle. |
| Village of Linden v. Nagel | Nov 18, 1999 | 99-1447, 99-1448 | Jurisdiction, Fresh Pursuit - Held that the officer was engaged in fresh pursuit under §175.40(2), Stats., and was therefore authorized to issue the citations for unsafe lane deviation and operating a motor vehicle while under the influence of an intoxicant (OMVWI), 346.63(1), Stats., even though the officer was outside the village limits. |
| State v. Ladwig | Nov 18, 1999 | 98-2704-CR | Miranda and Scope of Consent - A statement that is volunteered and not elicited by interrogation is not subject to Miranda even if it is made while the person is in custody. A person can limit the scope of a search by limiting what can be searched, but not by limiting how the search is to be conducted. |
| State v. Roberts | Nov 17, 1999 | 99-0381-CR | Implied Consent - Upheld order suppressing the blood alcohol test result obtained from D under §343.305, Stats., the implied consent law. D consented to BAT at the police station after the officer mistakenly told D that the underlying operating while intoxicated (OWI) arrest was for a first offense (subject to civil penalties) when, in fact, the arrest was for a fifth offense (subject to criminal penalties including a mandatory jail sentence). The court stated that the D has a statutory right to be accurately informed as to the consequences of complying with the implied consent law. |
| State v. Kitti | Nov 11, 1999 | 99-0985-CR | Breath Test Admissibility - The officer's testimony on cross-examination to administering the PBT did not violate §343.303, Stats., because the results were not admitted and a curative jury instruction was provided. |
| City of Beloit v. Bloom | Nov 11, 1999 | 99-1028 | Unlawful Seizure - Held that the D was not unlawfully seized by a community service officer as common law permits a "citizen's investigatory detention." Not Rec. for Publication |
| State v. Thomas | Nov 10, 1999 | 99-0607-CR, 99-1782-CR | Change of Locale - Held that police transport of D, while handcuffed, from the scene of the traffic stop to the local police department for purposes of field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest. |
| State v. Mickle | Nov 10, 1999 | 99-1446-CR | Search Incident to Arrest - The search of a vehicle after an arrestee is removed from it, handcuffed and placed in a squad car is permitted. It is not necessary that the arrestee have actual accessibility to a weapon or evidence, See State v. Fry, 131 Wis.2d 253 (1986). |
| State v. Durham | Nov 9, 1999 | 99-0393-CR | Search and Seizure, Terry Stop - Reports from an informant along with observations by police, motor vehicle records, and information obtained over police radio provided the collective knowledge probable cause to believe D had helped deliver cocaine. |
| Village of Port Edwards v. Terry | Nov 4, 1999 | 99-113299-1132 | Double Jeopardy - Held that the twelve-hour hold, pursuant to §245.24(1), did not constitute punishment for the purposes of double jeopardy. |
| State v. Badalich | Nov 2, 1999 | 99-1507-CR | Implied Consent - Held that Wisconsin's implied consent law (§343.305(2), Stats.) required D to permit blood to be drawn from his body. D contends that he had given a valid breath sample and moved to suppress the blood test results indicating a 0.17 BAL. D does not have the right to refuse a blood test after providing a valid breath sample b/c "compliance with a request for one type of sample does not bar a subsequent request for a different type of sample." 343.305(3)(a), Stats. |
| State v. Bartos | Oct 26, 1999 | 99-0972-CR | Time of Operation, State's burden of proof - Held that the evidence presented at trial would allow a reasonable jury to find D guilty beyond a reasonable doubt of D's 7th offense operating his vehicle with a prohibited alcohol concentration. D argues that failure to present evidence as to the time of operation results in a failure to prove he was operating under the influence. However, after D was found wandering down the road near the accident, it was established that D drove his car off the road, had been drinking, and had a BAL of 0.263 - all sufficient evidence for a reasonable jury to convict beyond a reasonable doubt. |
| City of Menomonie v. Skibbe | Oct 26, 1999 | 99-1917-FT | Reasonable Suspicion - Held investigatory stop was reasonable under all the facts and circumstances present, given D was observed violating numerous traffic laws including driving during hours of darkness with no lamps lit and making a left turn while straddling two lanes. |
| State v. Creviston | Oct 21, 1999 | 99-1306-CR | Probable Cause - Held that probable cause existed for both initial arrest for possessing open intoxicants as well as resulting arrest and conviction of D for driving while intoxicated. |
| State v. Kraus | Oct 21, 1999 | 99-1184-CR | Probable Cause to Administer PBT - Held that the circuit court did not correctly apply Renz, which clarified only the timing for a probable cause determination, and the State made a prima facie showing sufficient to establish that the officer had probable cause to believe D was operating a vehicle while intoxicated before he requested a preliminary breath test. |
| State v. Salm | Oct 14, 1999 | 99-1120 | Probable Cause to Administer PBT - Held that there was probale cause to arrest D where D had odor of intoxicants, slurred speech, glassy red eyes and failed field sobriety tests. |
| County of Iowa v. Bilse | Oct 1, 1999 | 99-1095 | Probable Cause to Administer PBT - Held that there was probable cause to arrest D at the time the officer administered the PBT even though he had not yet asked D to perform sobriety tests. Before he administered the PBT, the officer observed six indications that D was intoxicated: (1)while driving, D weaved back and forth in his lane and drove onto the shoulder four times; (2)the inside of the car smelled of intoxicants; (3)when he got out of the car, D swayed back and forth and had difficulty maintaining his balance; (4)D slurred his speech; (5)his breath smelled of alcohol; and (6)his eyes were slightly bloodshot and glassy. Not Rec. For Publication |
| City of Horicon v. Albert | Sep 30, 1999 | 99-0729, 99-0730 | Random License Plate Check - An individual has no privacy interest in his or her license plates. A random license plate check does not constitute a "search" or "seizure" within the meaning of the Fourth Amendment. Therefore, the investigative stop was lawful. |
| County of Portage v. Trachsel | Sep 23, 1999 | 99-1100 | Alternative Test - Upheld finding that D did not ask for an alternative test when he asked for a blood test in place of the primary breath test. |
| State v. Wolford | Sep 22, 1999 | 99-740-CR | Operating a motor vehicle - Held that D was operating a motor vehicle as that term is defined in §346.63(b), Stats., when he was found sleeping in the driver's seat of a vehicle with the key in the ignition, turned on but without the motor running. See Milwaukee County v. Proegler 95 Wis.2d 614 (Ct. App. 1980). |
| County of Ozaukee v. Lieuallen | Sep 22, 1999 | 99-910-FT | Venue, State's burden of proof - Court of Appeals rejected D's argument that his trial was improperly transferred, where D failed to raise the issue to the trial court. The court found that D misread Village of Thiensville v. Olsen, in asserting that the State must prove that D consumed alcohol prior to or during the operation of a motor vehicle. |
| Town of Dunn v. Woodman | Sep 16, 1999 | 99-0664 | Probable Cause, Issue of field sobriety tests as being probative of OWI - Held that officer had probable cause where D was speeding, smelled of alcohol, had red eyes, swayed during HGN test, and failed multiple portions of the FST battery. The court admitted that Wisconsin courts had yet to address the issue of whether FST's are probative of OWI, but cited Illinois v. Sides and Florida v. Meador for support of the notion that FST's are valid and admissable without scientific evidence, based upon testimony by the arresting officer. Not Rec. for Publication. |
| Brown County v. Burch | Sep 14, 1999 | 99-1065-FT | "Held out for public use" - Held that where there are no gates, signs or other deterrents to access a road, it is implicitly held out to the public. See Kenosha v. Phillips |
| State v. Gerrits | Sep 8, 1999 | 99-0817-CR | Reasonable Suspicion - Police did not have reasonable suspicion to stop D where the sole reason for the stop was that the police officer felt that D's car stereo was excessively loud (and in violation of the noise ordinance). The court stated that given that it was Independence Day and D's stereo was no louder than the fireworks going off nearby, there was no reasonable suspicion to stop D. |
| City of Mequon v. Quigley | Sep 8, 1999 | 99-1088-FT | Anonymous Tip - After considering both the quality and quantity of the caller's information and after balancing D's right to privacy against the need to protect the public, the court concluded that police had the requisite reasonable suspicion. |
| City of Whitewater v. Neldner | Sep 8, 1999 | 99-0650 | Waiver - D's plea of no contest to civil forfeiture constituted a waiver of further appeal. Court disagreed that Quelle applied, "because the issue in this case does not decide a matter of substantial and continuing public interest as was the case in Quelle." Case dismissed. |
| State v. Matejka | Sep 2, 1999 | 99-0070-CR | Scope of Consent - Held that a driver's unconditional consent to search his or her vehicle includes the right to search all containers and compartments, including a passenger's belongings, located in the vehicle. Court cited Wyoming v. Houghton and U.S. v. Ross for support. |
| State v. Simonet | Sep 1, 1999 | 99-0131-CR | Probable Cause - Police had probable cause to arrest for OWI where D was involved in an accident, his passenger told police that D had several drinks before the accident and police noted the odor of an intoxicants. |
| State v. Quentin D. | Aug 31, 1999 | 99-1130 | Reasonable Suspicion - Officers had reasonable
suspicion to stop D and inquire whether he was truant form school.
The ensuing pat-down search, in which officers found a handgun, was
held by the court to be lawful "[g]iven the prevalence of unlawful
possession of guns in our community.The minimal intrusion on Fourth
Amendment values by such an outer-clothing pat-down is
significantly outweighed by the dangers of a secreted weapon." |
| State v. Lenz | Aug 26, 1999 | 99-0670-CR | Reasonable Suspicion - Held that facts as found by the trial court showed erratic driving, and that provided a reasonable suspicion to believe the driver of the car was impaired. |
| County of Green v. Zuber | Aug 26, 1999 | 99-0277 | Probable Cause to Administer PBT - Held that police had probable cause where D was in one-car accident, smelled of alcohol, admitted to drinking 3 beers, and officer found a open cold can of beer in D's car. Court distinguished Swanson. |
| State v. Michael V.P. | Aug 24, 1999 | 99-1156 | Reasonable Suspicion - Given that it was nighttime, D was walking in dark alley rather than on lit sidewalk, and made furtive movements with his hands when asked by police to take his hands out of his pockets and into the air, police officer's investigative stop was lawful and the drugs found on the D were lawfully seized. |
| County of Marquette v. Jacobs | Aug 19, 1999 | 99-0814-FT | Change of Locale - Where the sheriff's office was approx one mile away from the traffic stop, transport of uncuffed D to the sheriff's department for testing (due to heavy rain) was not an unlawful arrest. Held that the officer had reasonable suspicion to detain D temporarily while he conducted a reasonable investigation to determine whether D had been driving under the influence. |
| State v. Campbell | Aug 19, 1999 | 99-0445 | Probable Cause to Administer PBT - Applying the "totality of circumstances" standard in Nordness, the court held that where the D was stopped for speeding and the officer had to tap on the driver's window to get D's attention and the officer saw a wet paper bag behind the driver containing crushed beer cans, smelled alcohol upon D's breath, noted that D's eyes were glassy and red, and D admitted he had been drinking, and D failed several FST's, the officer had probable cause to administer a PBT and arrest for OWI. Not Rec. for Publication |
| State v. Christensen | Aug 18, 1999 | 99-1003 | Refusal; Probable Cause; Fear as Physical Inability - Held that police had probable cause to arrest for OWi where D drove erratically, smelled of intoxicants, and refused to take field sobriety tests. The court also held that fear of rape was not a proper reason to refuse to submit to a breath or blood sample under the facts of this case. |
| County of Green Lake v. Pearson | Aug 18, 1999 | 99-0766 | Reopening after default judgment - Held that a meritorious defense must be established to support a motion to reopen a forfeiture judgment under§345.36(2)(b). |
| County of Walworth v. Ryan | Aug 18, 1999 | 98-3616 | Continuance - Held that trial court properly denied D's request because the basis for the request was unreasonable and would have been inconvenient to the court and the prosecution. |
| State v. Illingworth | Aug 17, 1999 | 99-0481 | Implied Consent - Ct found unpersuasive D's argument that Wisconsin's implied consent law was unconstitutional. D relied on South Dakota v. Neville and State v. Reitter, 595 N.W.2d 646 (1999). |
| State v. O'Brien | Aug 12, 1999 | 99-0833-CR | OAR/HTO - OWI-8th. |
| State v. Obuchowski | Aug 11, 1999 | 99-0607-CR | Change of Locale - Held that police officer's transport of D from the scene of traffic stop to a local police department field sobriety tests did not convert the lawful Terry detention into an illegal custodial arrest, where weather conditions were poor and officer asked (not ordered) D to accompany him to a more favorable location. Appeals Ct distinguished Royer and relied on "reasonable purpose" rationale in Quartana. |
| State v. Pfaff | Aug 10, 1999 | 99-1005-CR-LV | Mistrial - D's motion to dismiss was denied due to D's failure to sufficiently object to the mistrial. |
| State v. Haushalter | Aug 10, 1999 | 99-0389 | Interpretation of graduated penalty scale - Held that where D had his 2nd, 3rd and 4th OWIs in the same month, trial court erred in interpreting §343.307 and §346.65 to permit the trial court to use penalties for OWI-4th when sentencing D for his 2nd and 3rd OWIs. |
| State v. Endres | Aug 5, 1999 | 99-0038-CR | Implied Consent - Police officer's failure to re-read the Informing the Accused form prior to administering a second breath test less than an hour after the first test was aborted did not violate the implied consent law. A single reading was sufficient under the circumstances. |
| Village of Menomonee Falls v. Meyer, 1999 WL 566778 (Wis. App.) | Aug 4, 1999 | 98-3195 | New trial - Held that the village was barred from seeking a new trial in circuit ct because there was no trial on the merits in the municipal ct. The legislative intent behind §800.14(4). Rec for Publication |
| County of Buffalo v. Theurer | Jul 30, 1999 | 99-0498 | Intoxilyzer - Held that was error to exclude expert testimony regarding a history of problems with a particular intoxilyzer machine. The circuit court excluded this evidence based upon its conclusion that it was not relevant and that it would mislead the jury. Court of Appeals found that malfunctions of the intoxilyzer in the immediate past was relevant as to whether the machine was properly operating at the time it was used to test the D. |
| State v. Johnson | Jul 30, 1999 | 98-3518-CR | Probable Cause, Anonymous Tip - Police had probable cause to search D's truck, based on partially corroborated information provided by an anonymous informant. |
| Village of Elm Grove v. Gillilan | Jul 28, 1999 | 99-0616-FT | Courtroom Identification of Defendant - Trial court's decision to dismiss based on the fact that there was no explicit courtroom identification of the D was error which must be reversed. Given the evidence, the jury could easily have inferred that the D in court was the D who was arrested. |
| State v. Doerr, 599 N.W.2d 897 | Jul 28, 1999 | 98-1047 | PBT, Refusal - Held that it was error (but decided error was harmless) for the trial court to allow the evidentiary use of D's PBT results without a proper foundation for the jury. Police officer's testimony was insufficient to inform the jury about the device's scientific accuracy, reliability and compatibility with accepted scientific methods. Evidence of refusal was allowed to show D's attitude toward police (D was also charged w/battery to police officer). Publication ordered 8/17/99. |
| State v. George | Jul 27, 1999 | 99-0217-CR | Probable Cause - Police had probable cause to arrest D where D had been in a one-vehicle accident in early morning hours and smelled strongly of intoxicants, despite fact that road conditions were poor and odor was detectable only six inches from D's face. No FSTwas administered due to D's physical injuries. |
| State v. Skaife | Jul 22, 1999 | 99-0083-CR | Reasonable Suspicion - Police officer did not have reasonable suspicion to conduct investigatory stop where officer observed D's vehicle enter, pause and exit parking lot. At most, the officer had an incomplete suspicion, rather than the "reasonable, articulable suspicion of criminal activity that justifies the intrusion of an investigative stop." |
| State v. Strean | Jul 15, 1999 | 99-0539 | Reasonable suspicion - Police officer was justified in stopping D because he had reasonable suspicion that D's vehicle was entering a highway without its headlights on. |
| City of Wautoma v. Wehe | Jul 15, 1999 | 99-0238 | Probable Cause - Driver's assertion of multiple physical impairments did not negate indications of intoxication; Ct refused argument that FST should not be used to determine probable cause. |
| State v. Frankwick, 599 N.W.2d 893 | July 14, 1999 | 98-2484 | Vehicle Seizure & Security Interest - Here the trial court held that the transfer of a security interest in a car the day before it was ordered seized pursuant to the owner's fourth and fifth OWI convictions was "not a good faith transfer." However, the court of appeals could not affirm the trial court b/c it concluded the finding was "based on equivocal findings of fact." Therefore, the court reversed and remanded "for further fact-finding and a determination of whether Kurer's security interest was created in good faith." Rec for Publication |
| State v. Jones | Jul 14, 1999 | 99-0304 | Refusal - D's refusal was not reasonable despite D's assertion of confusion in regard to the "Informing the Accused" form and D's requests for an attorney prior to taking test. |
| County of Green Lake v. Peters | Jul 14, 1999 | 98-3684 | Intoxilyzer - Affirmed trial court's determination that there was no evidence that new software changes influenced the Intoxilyzer's analytical processes and therefore it was entitled to a presumption of accuracy. |
| State v. Jackson, 1999 WL 486911 (Wis. App.) | Jul 13, 1999 | 98-0525-CR | Evidence - Ct refused D's argument that hospital urinalysis should be suppressed; Miranda rights; ineffective assistance of counsel; Rec for Publication |
| State v. Kiernan, 227 Wis. 2d 736, 596 N.W.2d 760 | Jul 8, 1999 | 97-2449 | Jury Issues - Wis. Supreme Court held that five veteran jurors should have been removed for cause where the jurors had been part of a jury that two days earlier returned a verdict of guilty in a case involving the same defense attorney, similar facts, and the same defense theory. |
| City of Fon Du Lac v. Kaehne, 1999 WL 459976 | Jul 7, 1999 | 98-3619 | Procedure - Not guilty plea by letter initiated 10 day period in which D could demand jury trial; Rec for publication |
| State v. Edwards | July 6, 1999 | 98-0957-CR | Probable Cause - Where police had search warrant for D's home, police were justified in stopping D's vehicle as it drove away from the house, despite the fact that D did not violate any traffic laws and police were unsure as to the identity of the driver. |
| State v. Ehrenberger | Jul 1, 1999 | 99-0281-CR | Whether "formal" arrest is required before blood draw; Probable Cause |
| State v. Krier | Jul 1, 1999 | 98-3610-CR | OWI-3rd, Counting of Priors |
| City of Sheboygan v. Flores, 598 N.W.2d 307 | Jun 30, 1999 | 99-0954 | Procedure - Disposition recorded in the docket entries triggered appeal period applicable to order of judgment convicting defendant of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, despite presence of a separate order of judgment in record. Rec for publication |
| State v. Leonard | Jun 30, 1999 | 99-0022 | Refusal; License revocation |
| City of Neenah v. Bellin | Jun 30, 1999 | 99-0344 | Foundation for reliability of FST - Court summarily rejected D's argument that a failed FST was not an accurate indicator of impaired ability to drive. |
| State v. Zivcic, 598 N.W.2d 565 | Jun 29, 1999 | 98-0909, 98-1381 | Expert Testimony Regarding Sobriety Tests - Held that a second expert witness is not required to testify before HGN results can be admitted. As long as the HGN results are accompanied by the testimony of an appropriately trained law enforcement officer, §907.02 is satisfied. Rec for Publication |
| State v. Reitter, 227 Wis. 2d 213, 595 N.W.2d 646 | Jun 29, 1999 | 98-0915 | Right to Counsel - Wisconsin Supreme Court held that Right of Counsel does not apply to chemical testing under implied consent statute. An officer does not have an affirmative duty to advise a D that the right to counsel does not attach to the implied consent law. The D's repeated requests for an attorney constituted conduct that resulted in a refusal. |
| State v. Endres | Jun 24, 1999 | 99-0038-CR | Implied Consent - Reading of Informing the Accused Form |
| State v. Pfeifer, State v. Scheiber | Jun 24, 1999 | 98-2592-CR, 98-2593-CR | OWI-3rd; Minor passenger under age of 16; Reasonable Suspicion |
| State v. Egerson | Jun 24, 1999 | 98-0362-CR | Reasonable Suspicion to stop based on anonymous tip |
| State v. Kreutz | Jun 23, 1999 | 99-0506-CR | Reasonable Suspicion to stop based on anonymous tip |
| State v. Giese | Jun 23, 1999 | 99-0098-CR | Counting of Prior convictions |
| State v. Geyer | Jun 23, 1999 | 98-3671-FT | Probable Cause |
| City of Sun Prairie v. Davis, 266 Wis. 2d 738, 595 N.W.2d 635 | Jun 18, 1999 | 97-1651 | Extent of Municipal Court Authority - Wisconsin Supreme Court held that a municipal court does not have the inherent authority to order an out-of-state defendant to personally appear at trial in a civil forfeiture action. |
| City of Watertown v. Genz | Jun 17, 1999 | 99-0043-FT | Probable Cause |
| State v. Grefsheim | Jun 10, 1999 | 99-0012 | Alternate alcohol concentration test |
| State v. Urbanec | Jun 8, 1999 | 98-0402-CR | Homicide by Intoxicated use; jury instruction |
| State v. Rochon | Jun 8, 1999 | 98-3529-CR | Probable cause; hot pursuit; warrantless entry |
| State v. Wilson, 1999 WL 346243 (Wis. App.), 600 N.W.2d 14 | Jun 2, 1999 | 98-3131-CR | Warrantless entry; curtilage; odor of marijuana - Police officer lacked "probable cause to arrest" defendant after smelling odor of marijuana from basement of residence, and therefore search contemporaneous to arrest was invalid, where officer had heard several people in basement and therefore could not identify defendant as the source of marijuana smell. Publication ordered 8/17/99. |
| State v. Miller | May 26, 1999 | 98-3277-CR | Held that police lacked reasonable suspicion.to stop |
| City of Sheboygan v. Mlejnek | May 26, 1999 | 99-0073 | Reasonable Suspicion to stop |
| State v. Lubinski | May 25, 1999 | 99-0133-FT, 99-0134-FT | Warrantless entry, illegal frisk, whether D was under arrest |
| Sauk County v. Englehardt | May 20, 1999 | 98-2612 | Alternate alcohol concentration test |
| State v. O'Day | May 19, 1999 | 98-3642-CR | Implied Consent - D unsuccessfully contended that because the § 343.305(4), Stats., language understates the consequences of submitting to the chemical test and overstates the consequences of refusing to submit to a chemical test, the statute is unconstitutional. Ct found that prior rulings controlled. See State v. Crandall, 133 Wis.2d 251, 394 N.W.2d 905 (1986) |
| State v. Moen | May 18, 1999 | 98-3679-CR | Request for twelve-person jury |
| Milwaukee County v. Berry | May 18, 1999 | 98-3626 | Road "held out for public use" issue |
| State v. Smythe | May 14, 1999 | 97-3191 | Sanctions - Wis. Supreme Court held that rule 809.83(2) does not allow the Court of Appeals to dismiss an appeal as a sanction against counsel based on counsel's past conduct in other cases. |
| State v. Longo | May 13, 1999 | 98-3504-CR | Probable Cause |
| State v. Rutzinski | May 11, 1999 | 98-3541-CR | Reasonable Suspicion to stop based on anonymous tip |
| State v. Pallone, 228 Wis. 2d 272, 596 N.W.2d 882 | May 5, 1999 | 98-0896-CR | Search of vehicle incident to arrest - Police officers who had made warrantless arrest of motorist for possessing open intoxicants in a motor vehicle, and thus were entitled to conduct search of vehicle incident to arrest, could validly search duffel bag of passenger in vehicle, even though they lacked probable cause to arrest passenger or reasonable suspicion justifying his detention. Rec. for Publication |
| State v. Woeshnick | May 5, 1999 | 98-3469-CR | Sufficiency of Complaint |
| City of River Falls v. Kjos | May 4, 1999 | 98-3641 | Voluntary Encounter |
| Village of Bonduel v. Wind | May 4, 1999 | 98-3247-FT | Probable Cause |
| County of Vernon v. Millikin | Apr 29, 1999 | 98-2997 | Admission of blood test |
| State v. Taylor, 226 Wis. 2d 490, 595 N.W.2d 56 | Apr 28, 1999 | 98-0962-CR, 98-0963-CR | Reasonable Suspicion (non-vehicular) - Police
officer's investigatory stop of defendant was warranted by totality
of circumstances, where officer encountered defendant exiting
through back door of house which officer's colleagues were
attempting to enter through front door in order to serve bench
warrant, defendant appeared to be taking pains to avoid being seen
by officers, and defendant
attempted to conceal object in his jacket pocket as he walked away from house.Rec. for publication |
| State v. Tomasko | Apr 28, 1999 | 98-3491-CR | Reasonable Suspicion to stop |
| State v. Williams, 225 Wis. 2d 159, 591 N.W.2d 823 | Apr 27, 1999 | 96-1821 | Reasonable Suspicion to stop based on Anonymous call - The absence of information predicting the future behavior of an individual who is the subject of an anonymous tip does not necessarily make worthless that anonymous tip in determining reasonable suspicion for Terry stop; verification of an anonymous caller's prediction is a sufficient, but not a necessary, element in establishing reasonable suspicion. Wisconsin Supreme Court |
| State v. Groh | Apr 22, 1999 | 98-2957-CR | Jury Instruction re expert witness |
| State v. Urbick | Apr 22, 1999 | 99-0048-CR | Reasonable Suspicion to stop |
| State v. Steffes | Apr 22, 1999 | 98-3043-CR | Refusal/Reasonable Suspicion |
| State v. Griffith | Apr 14, 1999 | 98-0931-CR | Obstructing officer; questioning of passenger; not rec for publication |
| State v. Corey | Apr 14, 1999 | 98-3118 | Refusal/Probable Cause |
| State v. Seidl | Apr 13, 1999 | 98-2990-CR | OAR;aggravating factors at sentencing |
| State v. Kallenbach | Apr 8, 1999 | 98-2902-CR | Reasonable Suspicion to stop based on Anonymous Calls |
| State v. Bowers | Apr 8, 1999 | 98-2417 | Accuracy of Intoxilyzer 5000 |
| State v. Burgweger | Apr 1, 1999 | 98-2614 | Refusal; probable cause; inadequate breath sample |
| State v. Steffes | Apr 1, 1999 | 98-3351-FT | Refusal; failure to request refusal hearing; not rec. for publication |
| State v. Yager | Apr 1, 1999 | 98-3066 | Refusal; not rec. for publication |
| State v. Carlos Z.T. (juvenile) | Mar 30, 1999 | 98-2941 | Unlawful stop |
| County of Dane v. Williams | Mar 25, 1999 | 98-2174 | Probable Cause to administer PBT |
| State v. Barreau | Mar 25, 1999 | 98-2947-CR | Warrantless entry; hot pursuit |
| State v. Betow, 226 Wis. 2d 90, 593 N.W.2d 499 | Mar 25, 1999 | 98-2525-CR | Reasonable Suspicion - Arresting officer's observing picture of a mushroom on driver's wallet and officer's knowledge that "some people" regard a representation of a mushroom as an emblem of their use of hallucinogens did not provide a reasonable suspicion to justify detaining defendant for further investigation. Rec for Publication |
| State v. Allen, 226 Wis. 2d 66, 593 N.W.2d 504 | Mar 24, 1999 | 98-1690 | Terry Stop; reasonable suspicion to stop - Held that facts known to the police officers, along with their training and experience, the high-crime reputation of the area and the time of the day, coalesced to establish a reasonable suspicion that justified both the stop and the frisk of defendant. Rec. for Publication |
| State v. Greene | Mar 24, 1999 | 98-2817 | OAR/OWS, OWI-5th,Effect of Priors |
| State v. Longcore, 226 Wis. 2d 1, 594 N.W.2d 412 | Mar 23, 1999 | 98-2792-CR | Probable Cause - Held that: (1) if a police officer erroneously applies the law to the facts and no law has been broken, officer does not have probable cause for traffic stop, and (2) remand was required for determination as to whether defendant's act of covering broken rear passenger window of his automobile with plastic violated safety glass statute. Rec for Publication |
| State v. Laumann | Mar 23, 1999 | 98-2909-CR | Trial court's exclusion of evidence of intoxilyzer's history of malfunction |
| State v. Johnson | Mar 18, 1999 | 98-3044-CR | Reasonable suspicion to stop; not rec for publication |
| State v. Wille | Mar 17, 1999 | 98-2899 | Refusal; probable cause to arrest |
| State v. Vogel | Mar 17, 1999 | 98-3045-CR | Counting of priors |
| State v. Fischer | Mar 17, 1999 | 98-2572 | D's silence in response to request for blood test constituted unreasonable refusal |
| State v. Hahn | Mar 17, 1999 | 98-2798 | Reasonable Suspicion to stop, sufficiency of evidence to support verdict |
| State v. Parlow | Mar 10, 1999 | 98-2357-CR | Burden of proof; vehicle's operator |
| State v. Engl | Mar 10, 1999 | 98-2896-CR | Scope of Terry search |
| State v. Love | Mar 4, 1999 | 98-1140, 98-2080-CR | Refusal; vehicle's operator |
| State v. Gascoigne | Mar 3, 1999 | 98-0585-CR | Search incident to arrest; officer's good faith |
| State v. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387 | Mar 3, 1999 | 97-2476-CR | Probable Cause; odor of controlled substance - Held that veteran police officer, who immediately smelled strong, unmistakable odor of marijuana coming from vehicle which defendant alone occupied, had probable cause to arrest defendant for possession of a controlled substance. Wis. Supreme Ct decision |
| State v. Quaerna | Feb 25, 1999 | 98-2645-CR | OAR, civil forfeiture |
| State v. Lando | Feb 24, 1999 | 98-2424-CR | Scope of Search |
| State v. Leeman | Feb 23, 1999 | 98-2713-CR | Refusal, alternative test |
| State v. Kendall | Feb 23, 1999 | 98-2721-CR | Sufficiency of Complaint |
| State v. Rosenbaum | Feb 11, 1999 | 98-1200-CR | Officer's subjective impressions as Probable cause for PBT |
| City of Waukesha v. Reidy | Feb 10, 1999 | 98-2022 | Reasonable Suspicion to stop |
| State v. Bargenquast | Feb 3, 1999 | 98-2760-CR | Probable Cause to administer PBT |
| State v. Mayer | Feb 2, 1999 | 98-2683-CR | OWI-3rd, arresting officer's opinion testimony |
| State v. VanDeMortel | Jan 28, 1999 | 98-1268-CR | Probable cause; implied consent; blood test chain of custody; not rec. for publication |
| State v. Zempel | Jan 28, 1999 | 98-2079-CR | Sufficiency of Complaint |
| State v. McGill | Jan 28, 1999 | 98-1409-CR | Search & Seizure - Based on D's failure to stop immediately, D's nervousness, and smell of intoxicants, officer's decision to search D was lawful. Further, officer reasonably concluded that wrapped bag that was "very hard to the touch" and "in the shape of a pocket knife " could be a weapon, and thus its removal from D's pocket was justified. Currently under Wis. Supreme Court review. |
| State v. Schroeder | Jan 27, 1999 | 98-2620-CR | Foundation testimony for admission of blood sample |
| County of Marinette v. Greene | Jan 26, 1999 | 98-2463 | Probable cause to administer PBT; effect of .09 PBT result on investigation |
| State v. Mageland | Jan 26, 1999 | 98-2737-CR | Reasonable Suspicion to stop |
| City of Outagamie v. Luedke | Jan 26, 1999 | 98-1556 | Refusal, Harmless error |
| State v. Droessler | Jan 21, 1999 | 98-2142-CR | Reasonable Suspicion to stop; voluntary encounter |
| State v. Krause | Jan 21, 1999 | 98-2727-CR | Reasonable Suspicion to stop |
| State v. Krogman | Jan 20, 1999 | 98-2303-CR | Counting of prior convictions, Foundation testimony for admission of blood sample |
| State v. Knaack | Jan 14, 1999 | 98-2102-CR | OAR, custody, Not rec. for Pub |
| State v. Gilpin | Jan 14, 1999 | 98-2018-CR, 98-2019-CR | Prior Convictions, Jury Instructions |
| State v. Thurk, 224 Wis. 2d 662, 592 N.W.2d 1 | Jan 14, 1999 | 98-0251 | Homicide by Intoxicated Use, alternative test - Held that: (1) defendant had not been entitled to alternate test under implied consent law, and (2) police officer's denial of defendant's request for breath test did not require suppression of the results of defendant's subsequent blood test. Rec. for Publication |
| City of Whitewater v. Gill | Jan 13, 1999 | 98-1946 | Effect of failure to certify transcript |
| City of Kiel v. Halverson | Jan 13, 1999 | 98-2637-FT | Directed verdict, JNOV |
| State v. Johnson | Jan 12, 1999 | 98-2585-CR | Authority to arrest outside jurisdiction |
| State v. Woodward | Jan 12, 1999 | 98-2448 | Probable Cause, effect of officer demand that D return to accident scene for FST. |
| City of New Berlin v. Eggum | Jan 6, 1999 | 98-1472 | Reasonable Suspicion to stop, Probable Cause to arrest, implied consent procedures |